                                 CODE OF VIRGINIA

SMOKING IN RESTAURANTS PROHIBITED; EXCEPTIONS; POSTING OF SIGNS; PENALTY FOR
VIOLATION (§ 15.2-2825)

A. Effective December 1, 2009, smoking shall be prohibited and no person shall
smoke in any restaurant in the Commonwealth or in any restroom within such
restaurant, except that smoking may be permitted in:

   1. Any place or operation that prepares or stores food for distribution to
   persons of the same business operation or of a related business operation for
   service to the public. Examples of such places or operations include the
   preparation or storage of food for catering services, pushcart operations,
   hotdog stands, and other mobile points of service;

   2. Any outdoor area of a restaurant, with or without roof covering, at such
   times when such outdoor area is not enclosed in whole or in part by any
   screened walls, roll-up doors, windows or other seasonal or temporary
   enclosures;

   3. Any restaurants located on the premises of any manufacturer of tobacco
   products;

   4. Any portion of a restaurant that is used exclusively for private functions,
   provided such functions are limited to those portions of the restaurant that
   meet the requirements of subdivision 5;

   5. Any portion of a restaurant that is constructed in such a manner that the
   area where smoking may be permitted is (i) structurally separated from the
   portion of the restaurant in which smoking is prohibited and to which ingress
   and egress is through a door and (ii) separately vented to prevent the
   recirculation of air from such area to the area of the restaurant where
   smoking is prohibited. At least one public entrance to the restaurant shall be
   into an area of the restaurant where smoking is prohibited. For the purposes
   of the preceding sentence, nothing shall be construed to require the creation
   of an additional public entrance in cases where the only public entrance to a
   restaurant in existence as of December 1, 2009, is through an outdoor area
   described in subdivision 2;

   6. Any private club; and

   7. Any portion of a facility licensed to conduct casino gaming pursuant to
   Chapter 41 (&#xA7; 58.1-4100 et seq.) of Title 58.1 designated pursuant to the
   provisions of and that meets the requirements of &#xA7; 15.2-2827. Any
   restaurant within a facility licensed to conduct casino gaming shall comply
   with the provisions of this section.

B. For the purposes of this section:
			&#8220;Proprietor&#8221; means the owner, lessee or other person who
ultimately controls the activities within the restaurant. The term
&#8220;proprietor&#8221; includes corporations, associations, or partnerships as
well as individuals.
			&#8220;Structurally separated&#8221; means a stud wall covered with drywall
or other building material or other like barrier, which, when completed, extends
from the floor to the ceiling, resulting in a physically separated room. Such
wall or barrier may include portions that are glass or other gas-impervious
building material.

C. No individual who is wait staff or bus staff in a restaurant shall be
required by the proprietor to work in any area of the restaurant where smoking
may be permitted without the consent of such individual. Nothing in this
subsection shall be interpreted to create a cause of action against such
proprietor.

D. The proprietor of any restaurant shall:

   1. Post signs stating &#8220;No Smoking&#8221; or containing the international
   &#8220;No Smoking&#8221; symbol, consisting of a pictorial representation of a
   burning cigarette enclosed in a red circle with a bar across it, clearly and
   conspicuously in every restaurant where smoking is prohibited in accordance
   with this section; and

   2. Remove all ashtrays and other smoking paraphernalia from any area in the
   restaurant where smoking is prohibited in accordance with this section.

E. Any proprietor of a restaurant who fails to comply with the requirements of
this section shall be subject to the civil penalty of not more than $25.

F. No person shall smoke in any area of a restaurant in which smoking is
prohibited as provided in this section. Any person who continues to smoke in
such area after having been asked to refrain from smoking shall be subject to a
civil penalty of not more than $25.

G. It shall be an affirmative defense to a complaint brought against a
proprietor for a violation of this section that the proprietor or an employee of
such proprietor:

   1. Posted a &#8220;No Smoking&#8221; sign as required;

   2. Removed all ashtrays and other smoking paraphernalia from all areas where
   smoking is prohibited;

   3. Refused to seat or serve any individual who was smoking in a prohibited
   area; and

   4. If the individual continued to smoke after an initial warning, asked the
   individual to leave the establishment.

H. Civil penalties assessed under this section shall be paid into the Virginia
Health Care Fund established under &#xA7; 32.1-366.

I. Any local health department or its designee shall, while inspecting a
restaurant as otherwise required by law, inspect for compliance with this
section.

HISTORY: 2009, cc. 153, 154; 2020, cc. 1197, 1248.